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WV SB668
Bill
Status
Introduced
1/29/2026
Primary Sponsor
Rupert Phillips
Click for details
AI Summary
- Allows prevailing parties in civil actions to request attorney's fees and costs when a claim is dismissed as frivolous, filed for improper purposes like harassment, or lacking evidentiary support
- Courts must award fees if a claim was not warranted under existing law, lacked factual basis, or was brought to harass another party
- Attorney's fees are imposed on the attorney (not the client) of a represented party, with law firms held jointly responsible for violations by partners, associates, and employees
- Pro se litigants are exempt from fee awards unless the court finds they acted unreasonably in bringing or refusing to withdraw the dismissed claim
- Takes effect January 1, 2027, and applies only to claims filed on or after that date
Legislative Description
Providing compensation to victims of abusive lawsuits
Actions, Suits and Liens
Last Action
To Judiciary
1/29/2026
Committee Referrals
Judiciary1/29/2026
Full Bill Text
No bill text available